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Calculating Damages In Premises Liability Cases

Premises Liability Lawyer Atlanta, GA

When faced with an injury that has occurred on someone else’s property, it is important to understand the complex process of calculating damages in premises liability cases. For those who have suffered from an accident, the assistance of a premises liability lawyer can be invaluable. This professional can guide you through the various aspects that will contribute to the compensation you may be entitled to receive.

Firstly, it is crucial to understand what constitutes a premises liability case. In essence, these cases involve injuries that occur on someone else’s property due to the property owner’s negligence. Examples include slip and fall accidents, inadequate maintenance, and insufficient security measures. To succeed in a premises liability claim, the plaintiff must prove that the property owner was aware of the hazardous condition and failed to address it, directly leading to the injury.

When it comes to calculating damages in these cases, there are typically two types: compensatory and punitive. Compensatory damages are designed to cover the costs incurred as a result of the injury, as well as any future expenses that may arise. These can include medical bills, lost wages, rehabilitation costs, and pain and suffering. On the other hand, punitive damages are awarded in cases where the defendant’s conduct was particularly egregious or malicious, serving as a form of punishment and deterrent against future negligence.

In order to accurately calculate compensatory damages, various factors must be taken into consideration. Medical bills, both current and future, should be tallied, taking into account any necessary surgeries, medications, or ongoing therapy. Lost wages must also be considered, including any potential future income that may be lost as a result of the injury. Additionally, an estimation of the costs associated with rehabilitation and any necessary modifications to the home or vehicle should be included.

Pain and suffering are often more difficult to quantify, as they are subjective and vary greatly from person to person. Typically, this component is calculated based on the severity of the injury, the level of pain experienced, and the impact on the individual’s overall quality of life. It is important to note that each case is unique, and therefore, the method of calculating these damages may differ.

Punitive damages are awarded at the discretion of the court and are not applicable in all premises liability cases. These damages are typically reserved for instances where the property owner’s negligence was particularly egregious, such as a known hazard that was ignored or covered up. The aim of punitive damages is to punish the property owner and serve as a deterrent against future negligence.

When seeking compensation in a premises liability case, it is important to enlist the assistance of an experienced Atlanta, GA premises liability lawyer. This professional can guide you through the legal process, ensuring that all necessary documentation is in order and that you are aware of your rights and entitlements. They can also assist in negotiating with insurance companies and other parties involved, ultimately helping you to secure the compensation you deserve.

Calculating damages in premises liability cases can be a complex and challenging process, but it is essential for ensuring that you receive the compensation you deserve. The assistance of a qualified premises liability lawyer is invaluable in navigating the legal landscape and achieving a successful outcome.

At Council & Associates, LLC, we are dedicated to providing professional and compassionate legal assistance to those who have suffered an injury on someone else’s property. We understand the challenges that can arise in these cases and are committed to guiding you through every step of the process. Contact us today for a consultation, and let us help you secure the compensation you deserve.

August 14, 2023 Council and Associates LLC Guest blog